41CEO—appointment

41 CEO—appointment (1) The commissioner must appoint a person as the Chief Executive Officer of the commission (the CEO). (2) However, the commissioner must not appoint a person as the CEO if (a) is or has been— (ii) the inspector of the commission; or (c) has been convicted— Note The commissioner may appoint a person as a member of staff of the commission only if the person is suitable to be a member of staff of the commission (see s 50). (3) The appointment must be made in accordance with an open, accountable and competitive selection process.

(4) The CEO is appointed on the terms (if any) in relation to matters not provided for by this part or a determination under the Remuneration Tribunal Act 1995 that are prescribed by the management standards under the Public Sector Management Act 1994. Legislation Act, pt 19.3. The power to appoint a person to a position includes power to appoint a person to act in the position, and is power to make the appointment (see Legislation Act, s 209). Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 The appointer’s power to make the appointment includes the power to suspend the appointee. The power to suspend the appointee is exercisable in the same way, and subject to the same conditions, as the power to make the appointment (see Legislation Act, s 208).